This NDA For Marketing Agency template is essential for businesses in India engaging external marketing agencies for promotional, advertising, or brand development services. It provides a legal framework under Indian law for protecting sensitive business information, including marketing strategies, customer data, pricing information, and future product launches. The document is particularly relevant when companies need to share confidential business information with marketing agencies for campaign development, market research, or digital marketing initiatives. It includes specific provisions addressing modern marketing needs such as social media management and digital content creation, while ensuring compliance with Indian contract law and data protection requirements. The agreement is structured to balance the need for information sharing with robust confidentiality protections, making it suitable for both short-term campaign-based engagements and long-term marketing partnerships.
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1. Parties: Identification of the disclosing party (client) and receiving party (marketing agency), including full legal names and registered addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information for marketing services
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Marketing Services', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the marketing context
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, subcontractors, or other authorized parties
7. Security Measures: Required security measures for protecting confidential information, both digital and physical
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Social Media Management: Special provisions for handling confidential information in social media marketing context
2. Intellectual Property Rights: Clarification of IP ownership in marketing materials created using confidential information
3. Data Protection Compliance: Additional provisions for compliance with data protection laws when handling personal data
4. Competitive Restrictions: Non-compete provisions if the agency works with competing businesses
5. Third-Party Service Providers: Provisions for sharing information with additional marketing service providers
6. Crisis Communication: Procedures for handling confidential information during crisis communication scenarios
1. Schedule 1 - Specified Confidential Information: Detailed list of types of confidential information to be shared
2. Schedule 2 - Authorized Representatives: List of authorized personnel from both parties who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party service providers who may access confidential information
5. Appendix A - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
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